Terms & Conditions
TERMS & CONDITION
The terms and conditions set forth below (hereinafter referred to as “Terms”) govern your use of our Site on the World Wide Web located at www.smithberlin.co.id (hereinafter referred to as “Site”), which Site belongs to PT FASHION ANAK MUDA (hereinafter referred to as “SMITH BERLIN.”). These Terms are legally binding on you. If you do not agree with any of these Terms, do not access or otherwise use this Site or any information contained on this Site. Your usage of this Site shall be deemed to be your agreement to abide by all the terms. SMITH BERLIN. reserves the right to revise these Terms at any time and we shall notify you of such revisions by posting an updated version of these Terms on the Site. You are responsible to review these Terms before accessing or using the Site. Your continued usage of the Site shall constitute your consent to such changes.
GENERAL USE RESTRICTIONS
All information, documents, product images, video recording, database directory, advertisement and/or services provided on this Site, including trademarks, logos, graphics and images (hereinafter referred to as “Materials”) are provided to you by SMITH BERLIN.
SMITH BERLIN. grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both SMITH BERLIN. copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal or internal informational usage (that is, not distributed or otherwise transmitted outside of your home/place of business or SMITH BERLIN., or otherwise broadcast in any media). You acknowledge and agree that you do not have the right to modify, edit, or enhance any of the Materials in any manner. This limited license terminates automatically, without prior notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.
Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of SMITH BERLIN.
THIRD PARTY CONTENT
You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on this Site on any other server or internet-based device without the prior written consent of SMITH BERLIN. or its licensors, respectively.
LINKS TO THIRD PARTY SITES
TRADEMARKS AND COPYRIGHTS
The trademarks, service marks, brands, names, logos and designs (hereinafter referred to as “Trademarks”) of SMITH BERLIN. or others to be used on this Site are the property of SMITH BERLIN. or their respective owners. You may not remove or alter any Trademark. You may not use any of the Trademark displayed on the Site without the express prior written consent of SMITH BERLIN. or the respective owner, and nothing contained on this Site granted by implication, waiver, estoppel or otherwise, any right to use such Trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of SMITH BERLIN.’s Copyright © 2010, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable, law, any reproduction, distribution, modification, retransmission or publication of any copyrighted Material is strictly prohibited without the express written consent of the copyright owner.
SMITH BERLIN. is the legitimate owner of all rights of the Site and the content of the Site. This Site and all of its content shall include the intellectual property rights preserved by the law and regulations.
SMITH BERLIN. or each of the respective owners has the right to register the Trademarks and/or the intellectual property rights to the governmental body or other authorized institution.
You agree to defend, indemnify and hold harmless SMITH BERLIN. and its affiliates, representatives, partners, agents and employees from and against any of all liabilities, claims, costs and expenses, including legal fees that arise out of or in connection with your usage of the Site or breach of the Terms.
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Site may include certain errors, omissions, or outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by SMITH BERLIN•, and agree that SMITH BERLIN• does not warrant the accuracy or timeliness of the Materials and further agree that SMITH BERLIN• has no liability for any errors or omissions in the Materials, whether provided by SMITH BERLIN• or its licensors.
Customers have to be aware that each bank on each country has different currency rates and/or currency exchange rates which will affect the cost of each item. SMITH BERLIN• is not responsible for any increase in pricing. For bank transfer please be aware to choose a certain option in your bank that will not deduct extra cost for currency conversions.
SMITH BERLIN•, for itself and each of its licensors, makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy or completeness of any information or material contained on the Site, including without limitation the Materials and Third Party Content. Unless otherwise explicitly stated, to the maximum extent permitted by the applicable law, the Site and any information or Materials contained on the Site is provided to you on an “as is” and “where-is” basis, and is for personal use only. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed.
Our display of products on the Site is an invitation to treat and not an offer to sell those products to you.
An offer is made when you place the order for the products. As you go through the order process in the Site, there are also a series of instructions. We will not be bound however unless and until we accept your offer in this Site.
Below is the instruction to order the products in this Site:
- Prior to put your order of any products in this Site, you may look at, select and shop in this Site in accordance with the menu provided in this Site.
- You may select the products by pushing or clicking the menu provided in the screen of the Site. Such selection of products will be saved in your basket.
- You may re-check your selection of products, including to add up or reduce your selection in the basket before checking out and continuing with the order procedure.
- When you agree to check out, it is required to log-in your user id and password when you are already a member to this Site, or to fill in the Sign Up Form for registration or log in as a new member of this Site.
- After you are registered as a member to this Site, the menu in this Site will automatically give you the order number and request for your confirmation to select the terms of pick up, delivery address, delivery methods and payment methods suitable with you.
- To give comfort, convenience and assurance when carrying out the online payment transactions on ordering product(s) on the Site, we have implemented a payment system with the preferred method of payment through (i) credit card with a Visa or Mastercard logo, or (ii) transfer to our bank account, details of which you can read here.
- Particularly for payment using the preferred method through credit card, the terms below shall prevail:
(a) It is compulsory that you give your credit card number, type of credit card and CVV number as written on your credit card and fill it out in the available box;
(b) any credit card data given to us will be forwarded to the relevant bank for further examination on the payment validity and based on the information from the bank, we entitle to reject and cancel your transaction if any discrepancies information or suspicious;
(c) we will immediately charge your credit card account at time you make the online payment through credit card in accordance with the stages of instructions in this Site, followed by delivery of your product(s) according to the price of such product(s) you have paid;
(d) we will not charge any fees and/or charge your credit card for any unavailable products;
(e) in order to give comfort, security and maximum protection when carrying out the online payment transaction through credit card upon placing the order on this Site, we currently use the Secure Sockets Layer (SSL) technology and/or other protocol that more secure and better service deemed best from time to time without any necessity to give prior notice to you;
(f) for any successful payment transaction, we will send a confirmation email to your email address available in your personal data, at the latest 1 (one) business day after such payment has been received and recorded in the relevant bank;
(g) any payment made by credit card will be processed at the latest within a period of 24 (twenty four) hours from the date of the payment transaction which has been successfully performed; and
(h) it is compulsory that you keep any receipt of your payment as stipulated in these Terms for your records if it’s required at any time.
(i) It is compulsory that you need to send us photo of your credit card's front side via email to firstname.lastname@example.org. This action is to prevent any misusage of credit card issues that often occur lately. We will assuredly guarantee the security and confidentiality of your personal credit card data.
- Particularly for payment made through bank transfer to our bank account, the terms below shall prevail:
(a) We will send an email for confirmation of your order when you choose payment made through bank transfer;
(b) it is compulsory that you make payment through bank transfer to our bank account at the latest within 24 (twenty four) hours after placing your order;
(c) We will send a reminder email to you to make payment through bank transfer to our bank account if we have not received such payment within 24 (twenty four) hours after the confirmation email we have sent to you;
(d) it is compulsory that you indicate your order code when you make the payment through bank transfer to our bank account;
(e) it is compulsory that you give confirmation to us through payment confirmation menu available in this Site by entering your order code number, at the latest within 24 (twenty four) hours after the your payment was made;
(f) for any successful payment transaction, we will send a confirmation email to your the email address available in your personal data, at the latest 1 (one) business day after such payment being received and recorded in the relevant bank;
(g) if you have made payment to us without indicating the order code number at time you make such payment through bank transfer to our bank account and fail to give confirmation to us (as stipulated in point (f) above), we entitle to cancel your order;
(h) in the event that we cancel your order for the reason as set out in point (g) above, we may re-process your order, but we cannot guarantee the availability of the products that you have previously ordered and if the products you ordered are not available, we will give you a voucher(s) worth the price of such unavailable product(s);
(i) we only can deliver the product you have ordered after we receive a confirmation on your payment and the money has been received in our bank account in accordance with the price of such product as set out in point (f) above; and
(j) if the product(s) that you ordered is unavailable and you have made the payment through bank transfer to our bank account as well as given payment confirmation to us (as stipulated in point (f) above), we will offer you a refund in the form of (i) voucher(s) worth the price for each unavailable product(s), or (ii) cash to be paid through bank transfer to your bank account; process of such refund in either forms will take at least 14 (fourteen) business days after the date of confirmation of the refund option you give to us.
- All of your order on this Site shall be subject to our acceptance of your order based on the Terms.
- We keep the details of your order for your access, but only within a certain and short period of time. Therefore, please print and keep the order and payment data as stipulated in the Terms for your own records.
We use the Indonesian currency, Rupiah (IDR) for any payment and/or charge onto your credit card. Prices shown in this Site may be displayed in a foreign currency but we will use the Indonesian currency, Rupiah (IDR) instead based on the conversion rate of such foreign currency into the Indonesia currency, Rupiah (IDR) applicable in our bank.
We work with other agencies to carry out the delivery of goods, and the goods will be subject to the customs fees in accordance with the appropriate regulations of the country concerned. This includes the provision of personal documentation or permit in accordance with the provisions of the customs. We will strive to accelerate the delivery procedure, but we are not responsible for any delay or loss caused by the customs.
We reserve the right to cancel the contract if the product is unavailable and/or there is any prejudice on your transaction. We will give notice to you when it happens and refund all payments that you have made, if any.
If you have any queries or issues with your order please call +62 859-4237-1748 or email to email@example.com. Our Customer Service Centre is open from Monday to Friday, from 09.00 am to 06.00pm.
All orders for the products are subject to availability. We are truly sorry if any products you wish to purchase are not in stock. We will not charge any fees or your credit card for any unavailable products. If you have made payment by bank transfer to our bank account, we will offer to you a refund in the form of voucher(s) or cash worth the price of each unavailable product as provided in the Terms.
USE OF VOUCHER(S)
You can use voucher(s) for any transactions made on this Site under Terms as follows:
Fill in the number of your voucher;
Voucher is still valid and not yet expired;
Voucher is valid for all on-line purchase on the Site;
Voucher is not exchangeable and is non-refundable for cash in the Currency;
Voucher can only be used for 1 (one) transaction on the Site;
Voucher is not for resale and is not transferable to other party;
Voucher can only be used for any purchase of product(s) equal to or greater than the value of the voucher;
Voucher cannot be used in conjunction with any other promotional programs, discount programs and/or credit card programs;
Voucher(s) may or may not be cumulative; if voucher is cumulative, you may use more than 1 (one) voucher in 1 (one) transaction, however if voucher is not cumulative, you can only use 1 (one) voucher in 1 (one) transaction; and
You agree to be bound by the Terms.
COLOR REPRODUCTION AND DIMENSION
We, at our best, attempt to reproduce the most accurate colors and dimension as true to life as possible. But due to the nature of the printing and screen display process, the colors and dimension of a product sometimes may vary slightly from the color chart or the original product.
RELEASE AND DISCHARGE
Information provided on this Site is general information. We do not publish any representations or warranties, whether express or implied, about the entirety, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Therefore, your reliance on the information is at your own risk
We are not responsible in any way for any loss or damage including but not limited to, loss or any indirect or consequential loss or damage or whatsoever arising from loss of data arising out of or in connection with use of this Site.
Through this Site, you may connect to other websites which are not under the control of Smith Berlin. We do not control the nature, content and availability of those websites. Inclusion of a link does not mean a recommendation or endorsement of the views defined in the link. Every effort is made to keep the Site running well. However, Smith Berlin. is not responsible for websites which are not available for the time being in relation to technical issues beyond our control.
We are not responsible for any violations, interruptions or delays associated with things which are out of our control, including but not limited to disasters, floods, earthquakes, lightning strikes, frozen rain/hailstones, bad weather and other due/catastrophe of the surrounding nature, epidemics, explosions, fires, wars, riots, strikes, piracy, mutiny, riot, civil commotion, anarchy or sabotage, demonstrations, terrorism, national emergencies, damage from third party software, third party’s conduct (including but not limited to hackers, suppliers), failures or problems with public facilities (including power, telecommunications or internet failures), the action or actions of state officials or persons authorized, changes in the applicable laws and regulations or specified policy by the Government of the Republic of Indonesia (hereinafter referred to as “Force Majeure“).
If you or we cancel the contract by written notice when the Force Majeure event occurred during 2 (two) business days or more, you or we will not have any responsibilities if the reason for cancellation of the contract is due to Force Majeure, unless the refund of payment for the product(s) has been made to you however we have not received the product(s) you must return.
Smith Berlin. controls and operates this Site from its headquarters in Jakarta. You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by the laws of the Republic of Indonesia. If any provision of these Terms is determined to be inconsistent and contrary to such laws, such provision shall be therefore null and void or unenforceable, with all other provisions remaining in full force and effect. The failure of Smith Berlin. to enforce any rights in these Terms shall not constitute a waiver of such rights unless acknowledged and agreed to by Smith Berlin. in writing. The Terms comprise the entire agreement between you and Smith Berlin. and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Any disputes or discrepancies which arise in relation to the usage of this Site shall be settled amicably. In the event such disputes or discrepancies could not be settled amicably, the parties hereby agree to settle such disputes or discrepancies through the District Court of West Jakarta.
These terms and conditions do not in any way affect your statutory rights.